Merriman v. Kraft

Plaintiff-appellee, Marion H. Kraft, filed this action in the Vanderburgh Superior Court against defendant-appellant, Carita Merriman and defendant-appellee, Firestone Tire and Rubber Company, to recover damages for personal injuries allegedly sustained when he, as a pedestrian, was struck by an automobile being driven by Carita Merriman.

Paragraph I of plaintiff-appellee’s complaint alleges a cause of action against both defendants as joint tort feasors. Paragraph II of the complaint is directed against defendant-appellant, Carita Merriman, alone, upon the theory of res ipsa loquitur.…